Family Law

Family Law in the United States

Legal Materials

A good general Internet resource is Hieros Gamos, which links to U.S, foreign and international materials. The ABA Section of Family Law posts a 50 state surveycovering a wide range of family law topics. The Family Advocate and other ABA publications are listed on the ABA Web site.

Adoption: Adoption information is available at www.cyfc.umn.edu/Adoptinfo,www.adoptivefam.org and www.adoption.com. For news and analysis, trywww.fpsol.com/adoption/advocates.html. A chart summarizing the marriage laws of each state is posted on the Legal Information Institute (LII) website (www.law.cornell.edu/wex/table_adoption).

Divorce: Cornell’s Legal Information Institute (LII) posts a chart summarizing the divorce laws of each state and provides links to the full text of each state’s divorce laws (www.law.cornell.edu/topics/Table_Divorce.htm). More information is posted by the ABA Section of Family Law. Divorcesource posts each state’s divorce & child custody laws, plus articles and lists of family law-related professionals for each state. For more divorce-related info, visit DivorceNet.

The website of the Federal Office of Child Support Enforcement provides information on tracking down dead beat dads including agency reports, legislation, regulations and links to related state websites.

For a good treatise on equitable distribution, see Equitable Distribution of Property(West). For the tax angle, see Frumkes on Divorce Taxation (James Publishing).

Marriage: A chart summarizing the marriage laws of each state is posted on the Legal Information Institute (LII) Web site (www.law.cornell.edu/topics/Table_Marriage.htm). Links to key cases and the full text of state laws are posted on the LII Marriage page (www.law.cornell.edu/topics/marriage.html).

Main Topics of Family Law

This entry in the American Encyclopedia has been organized to address the following topics, among others:

  • Family Law : Adoption
  • Family Law : Child Abuse/Child Safety/Discipline
  • Family Law : Child Support/Custody
  • Family Law : Cohabitation
  • Family Law : Divorce/Separation/Annulment
  • Family Law : Domestic Violence
  • Family Law : Emancipation
  • Family Law : Family Planning/Abortion/Birth Control
  • Family Law : Foster Care
  • Family Law : Gay Couples
  • Family Law : Grandparent’s Rights
  • Family Law : Guardianship
  • Family Law : Marriage/Marriage Age
  • Family Law : Parent Liability Child’s Act
  • Family Law : Prenuptial Agreements
  • Family Law : Unmarried Parents

Finding the law: Family Law in the U.S. Code

A collection of general and permanent laws relating to family law, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines family law topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Family Law Practice

This includes the following:

  • Choosing appropriate status relief
  • Commencing the proceedings
  • Response and postpetition matters
  • Orders pending trial
  • Child and spousal support
  • Custody and visitation
  • Marital property and debts
  • Premarital, marital, and marital settlement agreements
  • Tax aspects of marriage termination
  • Trial preparation
  • Default and uncontested hearings
  • Contested trials
  • Dismissals, statements of decision, and judgments
  • Challenging the judgment: motions, appeals, and writs
  • Modification of orders and judgments
  • Enforcement of orders and judgments
  • Termination of invalid marriage/domestic partnership
  • Nonmarital cohabitation and domestic partnerships

Resources

See Also

  • Adoption
  • Vital Records
  • Child Custody
  • Children’s Rights
  • Divorce
  • Grandparents’ Rights
  • Guardianship
  • Marriage
  • Premarital Agreements
  • Sexual Orientation
  • Child Abuse
  • Children’s Rights
  • Cohabitation
  • Domestic Violence
  • Fetal Rights
  • Gay and Lesbian Rights

Further Reading (Books)

barron, j. (2000). “the constitutionalisation of american family law: the case of the right to marry.” in cross-currents: family law and policy in the u.s. and england, ed. s. katz, j. eekelaar, and m. maclean. oxford, uk: oxford university press.

blumberg, g. (2000). “the financial incidents of familydissolution.” in cross-currents: family law and policy in the u.s. and england, ed. s. katz, j. eekelaar, and m. maclean. oxford, uk: oxford university press.

brinig, m. (2000). from contract to covenant: beyond thelaw and economics of the family. cambridge, ma: harvard university press.

collier, r. (1995). masculinity, law and the family. london: routledge.

Dewar, J. (2000). “Family Law and Its Discontents.” International Journal of Law, Policy and the Family 14: 59-85.

dewar, j., and parker, s. (2000). “english family law sinceww ii: from status to chaos.” in cross-currents: family law and policy in the u.s. and england, ed. s. katz, j. eekelaar, and m. maclean. oxford, uk: oxford university press.

diduck, a. (2001). “a family by any other name… orstarbucks ™ comes to england.” journal of law and society 28:290-310.

ellman, m. (1989). “the theory of alimony.” californialaw review 77:3-81.

glendon, m-a. (1989). the transformation of family law:state, law and family in the united states and western europe. chicago: university of chicago press.

graycar, r., and millbank, j. (2000). “the bride wore pink… to the property (relationships) legislation amendment act 1999: relationships law reform in new south wales.” canadian journal of family law 17:227-282.

Further Reading (Books 2)

lowe, n., and murch, m. (2001). “children’s participation in the family justice system-translating principles into practice.” child and family law quarterly 13: 137-158.

polikoff, n. (1993). “we will get what we ask for: whylegalising gay and lesbian marriage will not ‘dismantle the structure of gender in every marriage.” virginia law review 79:1535-1550.

rhoades, h., graycar, r., and harrison, m. (2000).the family law reform act 1995: the first three years. sydney: university of sydney/family court of australia.

smart, c. (2000). “divorce in england 1950-2000: a moraltale?” in cross-currents: family law and policy in the u.s. and england, ed. s. katz, j. eekelaar, and m. maclean. oxford, uk: oxford university press.

smart, c., and neale, b. (1999). family fragments? cambridge, uk: polity press.smart, c.; neale, b.; and wade, a. (2001). the changingexperience of childhood: families and divorce. cambridge, uk: polity press.

wardle, l. (1999). “divorce reform at the turn of the millennium: certainties and possibilities.” family law quarterly 33:783-800.

woodhouse, b. (2000). “the status of children: a story of emerging rights.” in cross-currents: family law and policy in the u.s. and england, ed. s. katz, j. eekelaar, and m. maclean. oxford, uk: oxford university press.

john dewar

Further Reading (Articles)

Laws against human trafficking, The Nation (Thailand); January 7, 1998

LAWS NO LONGER BARRIER TO UNIVERSAL HIV TESTING IN MOST STATES, UNIVERSITY OF CALIFORNIA AT SAN FRANCISCO REPORTS, US Fed News Service, Including US State News; May 12, 2011

Law’s Order: What Economics Has to Do with Law and Why It Matters, The Cato Journal; April 1, 2000; Tabarrok, Alexander

LAW SCHOOL BELONGS AT UB, NOT DOWNTOWN, The Buffalo News (Buffalo, NY); February 26, 1994; THOMAS E. HEADRICK –

LAWS NO LONGER A BARRIER TO UNIVERSAL HIV TESTING IN MOST STATES, UCSF REPORTS., States News Service; May 11, 2011

Law, Ancient Near-Eastern, New Catholic Encyclopedia; January 1, 2003; VAN DER PLOEG, J.

Swiss laws–not so simple.(Swiss Laws Explained), Swiss News; June 1, 2004; Grether, Gabrielle

Laws That Try to Restrict State Courts’ Application of Foreign Law, The Washington Post; January 30, 2014; Volokh, Eugene

LAW SCHOOL TO HOST LEADING NATIONAL SCHOLARS TO TEACH SPECIAL JANUARY TERM, US Fed News Service, Including US State News; January 8, 2010;

LAW STUDENTS TO ARRIVE IN WILMINGTON FROM AROUND COUNTRY, VYING FOR HONORS AT UPCOMING NATIONAL COMPETITION, US Fed News Service, Including US State News; March 19, 2007

Laws and the Complex Control of Behavior, Behavior and Social Issues; October 1, 2005; Todorov, Jo


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